Judgment

A.K. Sikri, J.

These two appeals arise out of concurrent order of conviction passed by the courts below convicting these two appellants, viz. Vijay Thakur and Surjeet Khachi, along with third accused, namely, Rajinder Thakur under Section 302 read with Section 34 of the Indian Penal Code, 1860 and sentencing all of them to undergo imprisonment for life and pay a fine of Rs. 5,000, etc. The appellants are also convicted for the offence under Section 392 read with Section 34 IPC and are given the sentence of five years and fine of Rs. 2,000 each with a default clause in case fine is not paid.

2. As correctness of the narration of this prosecution case recorded by the High Court is not in dispute, we may state the prosecution version by borrowing from the said judgment. It is as under:

(a) Deceased Santosh Kumar, son of Bir Chand (PW-1), was employed as a driver by Ganga Ram (PW-2) to drive his Maruti van, which he had purchased only few days prior to the date of occurrence, i.e. August 21, 2004. The van had yet not been registered with the Registration Authority, though application for registration had been moved. On August 21, 2004, all the three appellants were looking for a t